Petitioner complained of unauthorized parking of taxi vehicles obstructing his building. The Court directed the RTA to consider the petitioner's representation and dispose of it within a month.
Direction to the RTA to consider the petitioner's representation (Ext.P5) and attain finality within a month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 9TH DAY OF JULY 2018 / 18TH ASHADHA, 1940
WP(C).No. 1483 of 2018
PETITIONER(S):
NAZAR M.A. SALIHAS HOUSE, ELIPPAKKULAM P.O, VALLIKUNNAM, ALAPPUZHA DISTRICT, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER REEJA NAZAR, W/O.NAZAR, SALIHAS HOUSE, ELIPPAKKULAM P.O, VALLIKKUNNAM, ALAPPUZHA DISTRICT.
BY ADVS.SRI.V.MADHUSUDHANAN SRI.M.SREEBHADRAN
RESPONDENT(S):
1. THE CORPORATION OF KOLLAM REPRESENTED BY ITS SECRETARY, KOLLAM -691 001.
2. THE REGIONAL TRANSPORT OFFICER KOLLAM DISTRICT, KOLLAM -691 013.
3. THE CITY POLICE COMMISSIONER KOLLAM - 691 001.
4. THE SUB INSPECTOR OF POLICE (TRAFFIC) KOLLAM -691 001.
*Addl.R5. IMPLEADED
THE CHAIRMAN
REGIONAL TRANSPORT AUTHORITY (RTA), KOLLAM-691001.
**(ADDITIONAL 5TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 10.4.18 IN IA NO.6722/18)*
R1 BY SRI.M.K.CHANDRA MOHAN DAS,SC R4 BY GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1483 of 2018 (I)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PHOTOGRAPH SHOWING THE UNAUTHORIZED PARKING OF THE VEHICLE IN FRONT OF THE PETITIONER'S BUILDING EXHIBIT P2 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 22.03.18 SUBMITTED BEFORE THE ADDITIONAL 5TH RESPONDENT
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE.
dlk/10/7/18
SHAJI P. CHALY, J.
WP(C) No.1483 of 2018
Dated this the 9th day of July, 2018
JUDGMENT
According to the petitioner, petitioner is the owner of a
property comprised in Survey No.148/23 and 148/23-2 of
Kollam East Village. A three storied commercial building is
constructed in the above property and the shop rooms are
allotted to various commercial establishments. It is also stated
that sufficient parking area is provided for parking the vehicles of
the customers. However, the drivers of the taxi vehicles park their
vehicle in front of the commercial building in such a manner
obstructing the ingress and egress of vehicles to the petitioner's
building. Even though various requests were made, it fell in deaf
ears. Petitioner has also submitted Ext.P5 before the additional
5th respondent, which is pending consideration. According to the
WP(C) No.1483 of 2018
2
petitioner, if a direction is issued to the additional 5th respondent
to consider Ext.P5, it would suffice the situation.
learned Government Pleader and perusing the pleadings and documents on record, there will be a direction to the additional 5th respondent to consider Ext.P5, in accordance with law, and attain finality, at the earliest possible, and at any rate, within a month from the date of receipt of a copy of this judgment. Petitioner is also directed to produce a copy of this writ petition along with the appended documents and counter affidavit filed by the respective parties before the additional 5th respondent.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE
dlk/9/7/18
1 issue framed by the court
Whether a direction should be issued to the RTA to consider the petitioner's representation regarding unauthorized parking by taxi drivers.
Nazar M.A. Salahas House
The Corporation of Kollam
The Regional Transport Officer Kollam
The City Police Commissioner Kollam
The Sub Inspector of Police (Traffic) Kollam
The Chairman, Regional Transport Authority (RTA), Kollam
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
